Atkins v. White Transportation Co.

Tbe primary question presented for decision is tbe correctness of tbe ruling of tbe court below denying defendant’s motions to dismiss as in case of nonsuit.

It may be conceded that there was sufficient evidence of negligence on tbe part of tbe bus driver to repel tbe motion to dismiss. Tbis narrows tbe inquiry to tbe issue of contributory negligence.

In considering a motion to dismiss as in case of nonsuit, decision is controlled by certain well-defined rules.(1) When tbe defendant offers testimony, bis exception first entered at tbe conclusion of tbe testimony for tbe plaintiff is waived and…